Judges Can Require Drug Users On Probation To Remain Drug-Free, Court Rules
The state's highest court on Monday ruled that judges may jail someone with an addiction who is on probation if that person does not remain drug-free.
In a unanimous ruling, Supreme Judicial Court justices rejected the argument that it is unconstitutional to incarcerate someone who violates probation by relapsing because relapse is a symptom of the disease of addiction.
"n appropriate circumstances, a judge may order a defendant who is addicted to drugs to remain drug free as a condition of probation, and that a defendant may be found to be in violation of his or her probation by subsequently testing positive for an illegal drug," said the 27-page ruling, written by Associate Justice David Lowy. [...]addiction criminal law judicial opinions public health